United States DC Circuit

In an action against an accounting firm alleging that the firm refused to make plaintiffs partners because of their ages, in violation of the Age Discrimination in Employment Act, summary judgment for defendant is affirmed in part where: 1) plaintiff did not make out a claim under the Lilly Ledbetter Fair Pay Act because he failed to bring a claim involving "discrimination in compensation" and point to a "discriminatory compensation decision or other practice"; and 2) plaintiff failed to provide any basis upon which a reasonable jury could disbelieve defendant's primary explanation for not making him a partner. However, the judgment is reversed in part where plaintiff could state a claim under the New York Human Rights Law by alleging that a discriminatory act occurred in New York.

Appellate Information

• Argued 10/13/2009
• Decided 02/16/2010
• Published 02/16/2010

Judges

• Before GINSBURG and HENDERSON, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard A. Salzman argued the cause for appellant C. Westbrook Murphy. Joshua N. Rose argued the cause for appellant Harold Schuler. With them on the briefs were Douglas B. Huron and David L. Rose. Tammany M. Kramer entered an appearance.


• For Appellees:
  
• Howard M. Shapiro argued the cause for appellee. With him on the brief were Juanita A. Crowley, Edward C. DuMont, Eric M. Nelson, and Stephen L. Sheinfeld.